Revolutionary War Pension and Bounty Land Warrant Application File S. 13,054, Joshua Foltz, Va.

SERVICE
Va.
or Foltz, Joshua or Voltz or Fultz.
NUMBER
8.13.054
carded.
CONTENTS

16.697 Virginia
Joshua Hottz (al Votey al Fule)
Handbook in the State of Virginia was a private in the Company commanded Captain Wait - of the 2nd Regt. commanded Col. Buford - in the V.A. M. for 21 mos.
scribed on the Roll of Virginia the rate of 70 Dollars 00 Cents per annum commence on the 4th day of March, 1831.
Certificate of Pension issued the 16 day of Sept 1832 and sent to Samuel C. Williams. Woodstock
arrears to the 4th of Sept 1834. $175.00 semi-annual allowance ending March 94 35.00
$210.00
{ Revolutionary Claim, Act June 7, 1832.
Recorded by W. L. Williams Clerk Book E Vol. 6. Page 8

Dead. In letter to C. B. Williams - S. C. Williams & P. Agt. Sept. 3, 1834 In Lt. to C. B. Williams & Pen. Agt. Mar 27, 1837.
off with by by line 1 = 1 at to = 2 = 3 = 4 = 5

Your petition stated that the engagement in which he was killed was not a battle, but a skirmish, and that he was not killed by a bullet, but by a bayonet. It also stated that he was not killed by a bullet, but by a bayonet. It also stated that he was not killed by a bullet, but by a bayonet.
State of Virginia ss Shenandoah County ss
On this 13 th day May 1823 personally appeared before the County Court of Shenandoah in the State of Virginia Joshua Folly alias Folly alias Folly, a resident of the County and State aforesaid aged seventy three years the twenty fifth day of May last past, Who being first duly sworn according to Law doth on his oath make the following declaration as amended in order to obtain the benefit of the provision made by the act of Congress passed June 7 th 1832. Says that he was born in the County of Culpeper in the State of Virginia on the twenty fifth day of January 1760 & that he was raised (having removed) in the County of Shenandoah. That he enlisted in the army of the United States on the 27 th day of February 1779 with Captain George Wiles and served in the Regiment of the _____ under the following named officers. Captain George Wiles with whom he enlisted, Lieutenant Pearson, who at Petersburg superseded Captain Wiles by being promoted Major Ridgely Co. 1 st Virginia Battery, General Scott. That he enlisted in the County of Shenandoah and marched from Woodstock to Winchester from there to Fredericksburg from there to Williamsburg, and from there to Petersburg, when upon the solicitation of several officers but especially of General Scott and Col. Buford, who as an inducement promised me a pair of shoes (being then barefooted), I was promised upon to become a wagoner for the Army. I was never permitted to cross the Potomac line but as engaged in hauling with the team for that part of the Army which then remained in Virginia, it may be essential to state that I was a soldier when expected to drive the wagon. Your petitioner was discharged by General Molineux at the Boulain Green in Virginia on the 27 th day of October 1780. That afterwards in the year 1781 I was drafted in the Militia and served three months long at the Winchester barracks in Virginia under Capt. Simner to guard the prisoners then there. Having promised thus far I have answered explicitly the first interrogatory proposed by the War Department, and as answer to the second State that my age is recorded in a Bible in my father's but now in my possession, for answered to so much of the third interrogatory which has not been answered above, to wit that he was living in Shenandoah County when he enlisted and also when he was drafted in the Militia, and that he does now and always has lived in the said County of Shenandoah & State of Virginia.

The 4 th & 5 th interrogatories are definitely answered above. For answer to the 3 rd Interrogatory, states that he received a discharge as above which was lost at Milford and is answered to the seventh and last. That Walter Newman Jacob Lantz Christian Miller and Christian Miller can testify as to his character for veracity and their belief of his revolutionary services.
In answer to the objections returned with the former declaration your petitioner would make the following explanations and answers. In answer to the 11 th & 12 th your petitioner states that there is no Bergyman residing near him or in his neighborhood whom certificate he could obtain relative to his services &c - therefore thus accounting for the apparent omission. The 13 th & 14 th objections may be briefly answered as follows. you are referred to certain papers filed now in the Clerks office of the House of Representatives by which or by the evidence in them a law was passed and approved by Congress &c - granting certain relief and allowing to your petitioner 10 months pay as a Magener in said Revolutionary War. By reference to said Law and papers such evidence will be brought as in our opinion will be sufficient in this application for a pension - See Chapter 64 section 1 st Second Session of Twentieth Congress. Your petitioner would not be understood as meaning that he served only ten months for which by the law above referred to he received an arrearage of pay but that he served from the time of his enlistment until his discharge or set forth above. Your petitioner cannot produce evidence of service by a living witness but you are referred to the affidavits of Christian Miller and especially of Jacob Lantz which are hereto annexed. He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the agency of any State - Given to and subscribed the }  Joshua his Hottz serv t mark day and year aforesaid
We Jacob Lantz and Christian Miller residents of the County of Shenandoah, do hereby certify that we are well acquainted with Joshua Hottz serv t who has subscribed and sworn to the above declaration. That we believe him to be 73 years of age the 23 rd day of January past as stated in his declaration. That he is reputed and believed in the neighborhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion. Given to and subscribed the } day and year aforesaid
Jacob Lantz Christian Miller

No 25692
Joshua Jacob Folly Shenandoah County Virginia
look on Va State rolls
Adm 21. Months
Sam L. Williams Woodstock Virga
PKW

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement,  shewing the Service of Joshua Foltz alias Volz alias Fultz Sen d Shenandoah County State of Virginia
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Enl st 27 July 1779 1 8 — teamster Col l Wails, a Major Ridgely, Col l Buford 73 years County of Shenandoah Traditibnary evidence & two Witnesses. certified Credible papers Correct —   Draft 1781 — 3 — private Col l Semercall.  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS,
Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) , with and served in the (e) regiment of the line, under the following named officers :
[Here set forth the names and rank of the Field and Company Officers ; the time he left the service ; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers ; ) the town or county and State in which he resided when he entered the service ; the battles, if any, in which he was engaged, and the country through which he marched. (This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.)]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman. residing in the and C. D. residing in (the same) , who has hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following (m) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Woodstock Va Feby 26 1837
Mr
J L Edward Esq. Commissioner of Pensions Washington City D.C.
28 Feb Sent to Williams respect Joshua T. Miller Secy Pa V.M. - act 1832 G. H. ...

Woodstock Va
Feby 26 1837
28 Feb
Saml C Williams
res'd Johnstown Ky Va N.W. act 1832
John
Will
J L Edward Esq. Commissioner of Pensions Washington City D.C.

Woodstock Va. July 25 1837
Dr Sir
Enclosed you will receive properly authenticated papers to draw the only remaining share or interest in the arrears of pension due Joshua Folly et al - Mr Lindamood was in this country last fall when I prepared the papers as within. after remaining sometime among his friends he returned to Ohio executed with his wife the power of attorney on the 18 day of November 1836 and I presumed not being acquainted with the rules and regulations of the Pension Office deferred sending it to me so that I could forward it to the agent in Richmond in time to draw the money before the 90 days had expired. It is with great difficulty power of attorney can be properly drawn and executed at so great a distance - besides if this application be rejected it will subject the only remaining heir to great trouble and considerable expense - Mr Lindamood lives in Ohio and the records are in our Court - I wish therefore that the rule requiring that the power of attorney shall be presented within 90 days may be suspended in this case and that you will forward the papers to the Attorney at Richmond with instructions to the agent to pay the same - I will vouch for the correctness of the proceedings as the papers were prepared by myself and no record could be issued from the Court without my knowledge as I am the deputy Clerk. You will confer a great favor on me as the agent for Mr Lindamood to pursue the course proposed above.
J. L. Edwards Esq. Comm. of Pensions.
I am with respect your Ob t Servant Sam l C. Williams
Send to Chas. B. Williams, Atty, Richmond, Va.

Woodstock Vt May 16 1835
John Foltz 25092
Free
Revolutionary claims pension papers amended declaration of John Foltz Sen.
Hon. Lewis Cass Secretary of War Washington City D.C.
John Foltz 25092

Woodstock Vt May 16 1835
Free
Johnn Foltz 25692
Hon. Lewis Cass Revolutionary Claims Pension papers Amended Declaration of Johnn Foltz sen.
Secretary of War Washington City D.C.
25692 Johnn Foltz

May 13 1833 - County Court
Jacob Lantz being first sworn, deposes and says that he was and still is well acquainted with the said Joshua Folly and that we were raised in the same neighbourhood, that he knows that the said Folly did enlist as a soldier in the revolution for the period of eighteen months and that he did leave home, and that I saw him when a few days after he returned home and believe that he was out and gone at least eighteen months - but that he knows not in what capacity said Folly served. Sworn to and subscribed the day and year aforesaid
Jacob Lantz
Christian Miller being first sworn deposes and says that he knows that the said Joshua Folly served was out as a soldier but under what officer, or in what particular capacity I cannot say. Sworn to and subscribed the day and year aforesaid
Christian Miller
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories presented by the War Department, that the above named applicant was a revolutionary soldier and served as he states. And the Court further certifies, that Jacob Lantz and Christian Miller who signed the above certificate of veracity and who also signed their several & separate certificates as there above are credible persons and that all faith and credit ought to be given to their certificates, and that their statements are entitled to credit.
I (Philip Williams Clerk of the County Court of Shenandoah do hereby certify that the foregoing contains the original proceedings of the said Court in the matter of the application of Joshua Folly for a pension
In testimony whereof I have hereunto set my hand and seal of office this 13 th day of May 1833 and in the 57 year of the Commonwealth.
Philip Williams Clk. P.C.

Woodstock Va May 15 1833 —
Dr Sir
Having undertaken for Mr Folly the management of this application for a pension, you are particularly requested to examine the rolls of the State troops of Virginia for Mr Folly named either written, Folly , Volly , or Fully . The papers referred to in his declaration are of very great importance in this matter as there is satisfactory evidence of his discharge. There may be some inaccuracy respecting the officers names, as Mr Folly is a German it is with great difficulty that he can enable one so to understand him, as to have the names of persons as well as places correct. The Regiment to which his company belonged were all cut to pieces at Warrenton under Col. Buford. If there should be need of further evidence please direct a letter to me in Woodstock Va and all that can be obtained shall be transmitted with out delay.
Hon. Lewis Cass Secretary of War
Yours respectfully Sam. C. Williams

Reserve
13054 INVALID.
am
No. 13,054
John Fottys vs
Prin. Rev. War.
at: June 7th 1832
—Vol. _____, Page _____
[Arrangement of 1870.]